September 20, 2011
EPA’s forthcoming regulation of greenhouse gases (GHGs) from power plants will reduce greenhouse gas pollution and drive cleaner generation in the electricity sector. The flexibility provided to states may also provide an opportunity for states to design programs that address their clean energy goals.
Section 111 provides EPA with authority to establish New Source Performance Standards (NSPS) and provides states with the authority to regulate existing sources subject to EPA guidelines and approval.
The agency committed to issuing a proposed rule by September 30, 2011, but recently announced that it will miss that deadline and will announce a new schedule soon.
This pre-proposal brief provides background information about the law and existing regulations and raises issues that states may want to consider in evaluating EPA’s proposal. States should look to the proposed rule for more information, as EPA’s approach to the regulations remains to be seen.